New York Court of Appeals

Josephine M. McBride, Respondent v. Robert P. McBride, Appellant

March 11, 1890119 N.Y. 519

Summary

The Court of Appeals dismissed the appeal, holding that the General Term's order reversing the Special Term's denial of a temporary alimony and counsel fee allowance was not a final judgment and therefore not appealable. The court also affirmed that, under Code Civ. Pro. § 1769, a court may grant such temporary relief during the pendency of an appeal, subject to appropriate conditions.